The People's Government is premised on the idea that democracy is based on two fundamental rights: freedom and liberty. Liberty is the right to be left alone, while freedom is the right to participate in a political community. How people view democracy depends on which of these two rights they think is more important. Liberal democrats place a higher value on liberty, while free democrats see freedom as the primary right. From this starting point, the author adds five dimensions to define and distinguish democratic societies: rights, participation and representation, inclusion, equality, and power. Liberal democracies emphasize individualism, negative rights, representative government, inclusive citizenship, equal opportunity, and limited government. Free democracies stress community, positive rights, direct participation, exclusive citizenship, equal outcomes, and robust government. The book examines the most important arguments for and against democracy, and explores the life cycle o
Leveraging its absolute power, low human rights advantage, and tolerance by other countries, the Chinese Communist Party has transformed China into a giant corporation. Living and working is not a right, but a privilege granted by the party. State-owned firms are business units or subsidiaries, private firms are joint ventures, and foreign firms are franchisees of the party. 'China, Inc.' enjoys the agility of a firm and the vast resources of a state. Meanwhile, foreign firms competing with Chinese firms can find themselves matched against the mighty Chinese state. The Rise of China, Inc. will interest many readers: it will compel business scholars to rethink state-firm relationships; assist multinational business practitioners in formulating effective strategies; aid policy-makers in countering China's expansion; and inform the public of the massive corporate organisation China has become, and how democracies can effectively deal with it.
Western analysts have long denigrated Islamic states as antagonistic, even antithetical, to the rule of law. Mark Fathi Massoud tells a different story: for nearly 150 years, the Somali people have embraced shari'a, commonly translated as Islamic law, in the struggle for national identity and human rights. Lawyers, community leaders, and activists throughout the Horn of Africa have invoked God to oppose colonialism, resist dictators, expel warlords, and to fight for gender equality - all critical steps on the path to the rule of law. Shari'a, Inshallah traces the most dramatic moments of legal change, political collapse, and reconstruction in Somalia and Somaliland. Massoud upends the conventional account of secular legal progress and demonstrates instead how faith in a higher power guides people toward the rule of law.
The question of 'humanitarian intervention' has been a staple of international law for around 200 years, with a renewed interest in the history of the subject emerging in the last twenty years. This book provides a chronological account of the evolution of the discussion and uncovers the fictional narrative provided by international lawyers to support their conclusions on the subject, from justifications and arguments for 'humanitarian intervention', the misrepresentation of great power involvement in the Greek War of Independence in 1827, to the 'humanitarian intervention that never was', India's war with Pakistan in 1971. Relying on a variety of sources, some of them made available in English for the first time, the book provides an undogmatic, alternative history of the fight for the protection of human rights in international law.
This Companion offers fresh insight into the art and politics of James Baldwin, one of the most important writers and provocative cultural critics of the twentieth century. Black, gay, and gifted, he was hailed as a 'spokesman for the race', although he personally, and controversially, eschewed titles and classifications of all kinds. Individual essays examine his classic novels and nonfiction as well as his work across lesser-examined domains: poetry, music, theatre, sermon, photo-text, children's literature, public media, comedy, and artistic collaboration. In doing so, The Cambridge Companion to James Baldwin captures the power and influence of his work during the civil rights era as well as his relevance in the 'post-race' transnational twenty-first century, when his prescient questioning of the boundaries of race, sex, love, leadership, and country assume new urgency.
Filip Reyntjens's book analyzes political governance in post-genocide Rwanda and focuses on the rise of the authoritarian Rwandan Patriotic Front (RPF). In the aftermath of the 1994 Rwandan genocide, the RPF has employed various means - rigged elections, elimination of opposition parties and civil society, legislation outlawing dissenting opinions, and terrorism - to consolidate power and perpetuate its position as the nation's ruling party. Although many international observers have hailed Rwanda as a 'success story' for its technocratic governance, societal reforms, and economic development, Reyntjens complicates this picture by casting light on the regime's human rights abuses, social engineering projects, information management schemes, and retributive justice system.
Surveys the contributions that economic theory has made to the often contentious debate over the government's use of its power of eminent domain, as prescribed by the Fifth Amendment. It addresses such questions as: when should the government be allowed to take private property without the owner's consent? Does it depend on how the land will be used? Also, what amount of compensation is the landowner entitled to receive (if any)? The recent case of Kelo v. New London (2005) revitalized the debate, but it was only the latest skirmish in the ongoing struggle between advocates of strong governmental powers to acquire private property in the public interest and private property rights advocates. Written for a general audience, the book advances a coherent theory that views eminent domain within the context of the government's proper role in an economic system whose primary objective is to achieve efficient land use.
The question of 'humanitarian intervention' has been a staple of international law for around 200 years, with a renewed interest in the history of the subject emerging in the last twenty years. This book provides a chronological account of the evolution of the discussion and uncovers the fictional narrative provided by international lawyers to support their conclusions on the subject, from justifications and arguments for 'humanitarian intervention', the misrepresentation of great power involvement in the Greek War of Independence in 1827, to the 'humanitarian intervention that never was', India's war with Pakistan in 1971. Relying on a variety of sources, some of them made available in English for the first time, the book provides an undogmatic, alternative history of the fight for the protection of human rights in international law.
What was it like to be a woman when England was ruled by a queen, but women had almost no legal power? When marriage cost women their property rights? When the ideal woman was rarely seen and never he
Politicians have long questioned, or even been openly hostile to, the legitimacy of judicial authority, but that authority seems to have become more secure over time. What explains the recurrence of hostilities and yet the security of judicial power? Addressing this question anew, Stephen Engel points to the gradual acceptance of dissenting views of the Constitution, that is, the legitimacy and loyalty of stable opposition. Politicians' changing perception of the threat posed by opposition influenced how manipulations of judicial authority took shape. Engel's book brings our understanding of these manipulations into line with other developments, such as the establishment of political parties, the acceptance of loyal opposition, the development of different modes of constitutional interpretation and the emergence of rights-based pluralism.
Customary laws and traditional institutions in Africa constitute comprehensive legal systems that regulate the entire spectrum of activities from birth to death. Once the sole source of law, customary rules now exist in the context of pluralist legal systems with competing bodies of domestic constitutional law, statutory law, common law and international human rights treaties. This book promotes discussion and understanding of customary law and explores its continued relevance in sub-Saharan Africa. The volume considers the characteristics of customary law and efforts to ascertain and codify customary law, and how this body of law differs in content, form and status from legislation and common law. It also addresses a number of substantive areas of customary law including the role and power of traditional authorities; customary criminal law; customary land tenure, property rights and intestate succession; and the relationship between customary law, human rights and gender equality.
How lawsuits around intellectual property in Brazil and India are impacting the patentability of plants and seeds, farmers’ rights, and the public interest.Over the past decade, legal challenges have arisen in the Global South over patents on genetically modified crops. In this ethnographic study, Karine E. Peschard explores the effects of these disputes on people’s lives, while uncovering the role of power―material, institutional, and discursive―in shaping laws and legal systems. The expansion of corporate intellectual property (IP), she shows, negatively impacts farmers’ rights and, by extension, the right to food, since small farms produce the bulk of food for domestic consumption. Peschard sees emerging a new legal common sense concerning the patentability of plant-related inventions, as well as a balance among IP, farmers’ rights, and the public interest.Peschard examines the strengthening of IP regimes for plant varieties, the consolidation of the global biotech industry, the ero
In this study assessing black civic participation after the civil rights movement, Fredrick C. Harris, Valeria Sinclair-Chapman and Brian D. McKenzie demonstrate that the changes in black activism since the civil rights movement is characterized by a tug-of-war between black political power on one side and economic conditions in black communities on the other. As blacks gain greater access and influence within the political system, black participation in political activities increases while downward turns in the economic conditions of black communities produce less civic involvement in black communities. Examining changes in black activism from the early 1970s to the 1990s, this tug-of-war demonstrates that the quest for black political empowerment and the realities of economic and social life act as countervailing forces, in which negative economic and social conditions in black communities weaken the capacity of blacks to organize so that their political voices can be heard.
Customary laws and traditional institutions in Africa constitute comprehensive legal systems that regulate the entire spectrum of activities from birth to death. Once the sole source of law, customary rules now exist in the context of pluralist legal systems with competing bodies of domestic constitutional law, statutory law, common law and international human rights treaties. This book promotes discussion and understanding of customary law and explores its continued relevance in sub-Saharan Africa. The volume considers the characteristics of customary law and efforts to ascertain and codify customary law, and how this body of law differs in content, form and status from legislation and common law. It also addresses a number of substantive areas of customary law including the role and power of traditional authorities; customary criminal law; customary land tenure, property rights and intestate succession; and the relationship between customary law, human rights and gender equality.
Social Control in Late Antiquity: The Violence of Small Worlds explores the small-scale communities of late antiquity – households, monasteries, and schools – where power was a question of personal relationships. When fathers, husbands, teachers, abbots, and slave-owners asserted their own will, they saw themselves as maintaining the social order, and expected law and government to reinforce their rule. Naturally, the members of these communities had their own ideas, and teaching them to 'obey their betters' was not always a straightforward business. Drawing on a wide variety of sources from across the late Roman Mediterranean, from law codes and inscriptions to monastic rules and hagiography, the book considers the sometimes conflicting identities of women, slaves, and children, and documents how they found opportunities for agency and recognition within a system built on the unremitting assertion of the rights of the powerful.
Filip Reyntjens's book analyzes political governance in post-genocide Rwanda and focuses on the rise of the authoritarian Rwandan Patriotic Front (RPF). In the aftermath of the 1994 Rwandan genocide, the RPF has employed various means - rigged elections, elimination of opposition parties and civil society, legislation outlawing dissenting opinions, and terrorism - to consolidate power and perpetuate its position as the nation's ruling party. Although many international observers have hailed Rwanda as a 'success story' for its technocratic governance, societal reforms, and economic development, Reyntjens complicates this picture by casting light on the regime's human rights abuses, social engineering projects, information management schemes, and retributive justice system.
Hobbes's political theory has traditionally been taken to be an endorsement of state power and a prescription for unconditional obedience to the sovereign's will. In this book, Susanne Sreedhar develops a novel interpretation of Hobbes's theory of political obligation and explores important cases where Hobbes claims that subjects have a right to disobey and resist state power, even when their lives are not directly threatened. Drawing attention to this broader set of rights, her comprehensive analysis of Hobbes's account of political disobedience reveals a unified and coherent theory of resistance that has previously gone unnoticed and undefended. Her book will appeal to all who are interested in the nature and limits of political authority, the right of self-defense, the right of revolution, and the modern origins of these issues.
In 1806 General Thomas Picton, Britain's first governor of Trinidad, was brought to trial for the torture of a free mulatto named Louisa Calderon and for overseeing a regime of terror over the island's slave population. James Epstein offers a fascinating account of the unfolding of this colonial drama. He shows the ways in which the trial and its investigation brought empire 'home' and exposed the disjuncture between a national self-image of humane governance and the brutal realities of colonial rule. He uses the trial to open up a range of issues, including colonial violence and norms of justice, the status of the British subject, imperial careering, visions of development after slavery, slave conspiracy and the colonial archive. He reveals how Britain's imperial regime became more authoritarian, hierarchical and militarised but also how unease about abuses of power and of the rights of colonial subjects began to grow.
Professor Milsom works out a fresh view of the beginnings of the common law concerning land. The received picture depends upon progressive assumptions: key words began with their later meanings; the law began with abstract ideas of property; a tenant's title to his tenement was never subject to his lord's control; the lord had no discretion, only the power to decide disputes according to external criteria; jurisdiction in that sense was all the lord lost as royal remedies developed; and all the tenant gained was better protection of unaltered rights. It is a picture of procedural changes taking place against an unchanging background, with the feudal structure at the beginning almost as insubstantial as it was to be at the end.
Some of the most important eras of reform in US history reveal a troubling pattern: often reform is compromised after the initial legislative and judicial victories have been achieved. Thus Jim Crow racial exclusions followed Reconstruction; employer prerogatives resurged after the passage of the Wagner Act in 1935; and after the civil rights reforms of the mid-twentieth century, principles of color-blindness remain dominant in key areas of constitutional law that allow structural racial inequalities to remain hidden or unaddressed. When momentous reforms occur, certain institutions and legal rights will survive the disruption and remain intact, just in different forms. Thus governance in the post-reform period reflects a systematic recalibration or reshaping of the earlier reforms as a result of the continuing influence and power of such resilient institutions and rights. Recalibrating Reform examines this issue and demonstrates the pivotal role of the Supreme Court in post-reform rec
